Observación (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the information contained in the Government’s reports. It also notes the interim conclusions of the Committee on Freedom of Association in Cases Nos. 1851, 1922 and 2042 (318th Report of the Committee on Freedom of Association, approved by the Governing Body in November 1999), as well as the discussion in the Conference Committee on the Application of Standards in June 2000.

The Committee recalls that its previous comments concerned the divergencies between national law and practice and the guarantees set forth in the Convention, namely:

-  the requirement of prior authorization for the establishment of trade unions (section 5 of the Act on associations, as amended in 1977);

-  the requirement to be a national of Djibouti in order to hold trade union office (section 6 of the Labour Code);

-  the broad powers of the authorities to requisition public servants who are on strike (section 23 of Decree No. 83-099/PR/FP of 10 September 1983);

-  the failure to reinstate trade union leaders dismissed for strike action;

-  the restrictions on the right of workers to elect their trade union representatives freely and democratically in elections in their enterprises and in the ordinary assemblies of trade union confederations.

1.  Article 2 of the Convention. Right to establish organizations without previous authorization.  The Committee notes once again that section 5 of the Act on associations, as amended in 1977, requires organizations to obtain prior authorization before establishing themselves as trade unions. The Committee has already recalled on several occasions that, under the terms of Article 2 of the Convention, workers have the right to establish organizations of their own choosing without previous authorization. It notes that the Government is prepared to examine amendments to be made to this provision and to submit the necessary amendments as soon as possible to the National Assembly with a view to bringing this text into conformity with the provisions of the Convention. The Committee requests the Government to provide information on the measures taken in this respect in its next report.

2.  Article 3. Right of workers to elect their representatives in full freedom.  The Committee recalls once again that section 6 of the Labour Code, which limits the holding of trade union office to Djibouti nationals, is such as to restrict the full exercise of the right of workers to elect their representatives in full freedom. It notes that, according to the information provided by the Government in its report, this provision will be repealed by the draft Labour Code which is currently being prepared. The Committee expresses the firm hope that measures will be taken as soon as possible to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country. It requests the Government to indicate the progress achieved in this respect in its next report and to provide copies of any relevant legislation as soon as it has been adopted.

3.  Requisitioning.  With regard to section 23 of Decree No. 23-099/PR/FP of 10 September 1983, which confers broad powers on the President of the Republic to requisition public servants who are indispensable to the life of the nation and to the proper operation of essential public services, the Committee notes the information provided by the Government in its report to the effect that the power of requisitioning only applies to essential services (health, safety, air traffic). Furthermore, the Committee notes that the Government is prepared, if the Committee considers it necessary, to specify the limits of this power. The Committee once again requests the Government to amend its legislation so as to limit the power of requisitioning to public servants who exercise authority in the name of the State or essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis.

4.  Reinstatement of trade union leaders.  With regard to the reinstatement in their jobs of the trade union leaders of the UGTD/UDT who were dismissed due to their legitimate trade union activities five years ago, the Committee notes that the Government considers the matter to have been resolved. Certain trade unionists have been reinstated in their jobs since 1997, but the Government states that it cannot reinstate trade unionists in their trade union functions, since that would amount to interference in trade union activities. The Government provides an assurance that it will reinstate any trade unionist who so requests, provided that they do not set prior conditions for their reinstatement. The Committee notes this information and requests the Government to endeavour to obtain the reinstatement in their jobs of all dismissed trade union leaders who so request and to provide information in its next report on the measures taken in this respect.

5.  Right of workers to elect their trade union leaders freely and democratically.  While recalling that its previous comments concerned the need to guarantee workers the right to elect their trade union representatives freely and democratically in elections in their enterprises and in the ordinary assemblies of trade union confederations, the Committee notes the information provided by the Government in its last report to the effect that it considers this issue to be an internal matter for the trade union movement which must be resolved without any external interference, even by the Government. Furthermore, the Committee notes that the Government calls on international trade unions to come and observe the proper functioning of these trade union elections. The Committee emphasizes the importance of workers being able to elect their representatives in full freedom in enterprises, trade unions, federations and confederations and requests the Government to provide information in its next report on developments in this respect.

The Committee notes that the Government indicates that it will examine the necessary measures in order to put its legislation into conformity with the Convention during its future revision of all legislative texts with the assistance of the ILO, as soon as the conditions will be met to organize national tripartite consultations. Recalling that ILO technical assistance is available, the Committee expresses the firm hope that measures will be taken without delay in order to put the legislation and practice into conformity with the Convention. The Committee requests the Government to provide information in its next report on any progress achieved in these fields in both law and practice and to provide copies of any provisions which have been amended.